FEBRUARY 2025
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Immigration

Trump’s Executive Order on Birthright Citizenship: A New Legal Battle

By Attorneys Khushbu Patel and Dilip Patel

Dilip Patel

DILIP PATEL

In an era marked by a polarized political climate and ongoing debates over immigration, identity, and civic responsibilities, President Donald Trump has issued a significant executive order titled “Protecting the Meaning and Value of American Citizenship.” Released on January 20, 2025, the order aims to reaffirm the importance of citizenship in the United States while outlining the administration’s approach to managing its implications.

Birthright citizenship was a right enshrined in the Fourteenth Amendment of the Constitution over 150 years ago. The order has sparked significant controversy and a swift legal response, challenging its constitutionality and potential implications for countless families.

 

The Key Provisions of the Executive Order

At the heart of President Trump’s executive order is a directive to federal departments and agencies to deny U.S. citizenship to children born in the United States under specific conditions. The order stipulates that citizenship will not be granted to children born to mothers who are unlawfully present in the country, nor to those whose mothers are in the U.S. on temporary visas — such as work, student, or tourist visas — if their fathers are not U.S. citizens or lawful permanent residents. In other words, at least one parent must be a legal permanent resident or a U.S. citizen prior to the child’s birth in order for the child to be qualified as a citizen.

It is important to note that this order applies to children born on Feb. 19, 2025, and onwards\, and does not apply retroactively to children already born in the United States to parents who are not legal permanent residents or U.S. citizens.
This shift could affect approximately 150,000 children born annually to parents lacking (permanent) legal status, a statistic highlighted in a lawsuit filed by a coalition of immigrant rights groups and 22 Democratic-led states. Critics argue that this policy would render many of these children deportable and potentially stateless, stripping them of their rights to participate fully in American society, including work, voting, and running for office.

Impact on Citizenship Documentation

If implemented, President Trump’s order would have far-reaching consequences for various official documents typically issued to newborns recognized as U.S. citizens. These include passports, Social Security cards and certificates of citizenship — documents crucial for accessing government services and benefits. The order instructs federal agencies to develop new guidelines to prevent individuals from receiving these documents based on the criteria outlined in the order.
While the executive order does not directly impact birth certificates, which are managed at the state level, its implications could extend to essential services such as healthcare and food assistance, fundamentally altering the landscape for many American families.

The Legal Challenge

The moment the executive order was announced, a coalition of immigrant rights organizations mobilized to contest it, filing lawsuits in multiple federal courts. These legal challenges center on the assertion that the Fourteenth Amendment firmly establishes the principle of birthright citizenship, ensuring that all individuals born on U.S. soil —notwithstanding their parents’ immigration status — are granted citizenship.
The plaintiffs argue that Trump’s interpretation of the Amendment’s language, particularly the phrase “subject to the jurisdiction thereof,” is a radical departure from established legal precedent. This phrase traditionally excludes only children of foreign diplomats, whose parents hold diplomatic immunity and are not subject to U.S. laws. Legal experts assert that the framers of the Fourteenth Amendment intended to create a broad guarantee of citizenship to protect formerly enslaved individuals and their descendants, making the exceptions narrow and specific.
Further, just three days after the executive order was issued, a federal judge temporarily blocked President Trump from restricting who is eligible for automatic U.S. citizenship at birth, an early legal setback for the new administration’s hard-line immigration agenda.
US District Judge John Coughenour in Seattle called Trump’s executive order “blatantly unconstitutional” and questioned the quality of lawyering within the administration.

Constitutional Authority and Implications

The core of the executive order hinges on President Trump’s ability to persuade courts to accept his interpretation of the Fourteenth Amendment. Legal scholars emphasize that the principle of birthright citizenship has been upheld as settled law for over a century and a half. They contend that the proposed changes ignore both the text of the Constitution and the historical context in which the Amendment was crafted.
As the legal battles unfold, the implications of President Trump’s order extend beyond citizenship. If upheld, it could reshape the demographics of American society, affecting the lives of thousands of children born in the U.S. to non-citizen parents. The prospect of these children being deemed deportable raises ethical questions about the treatment of individuals who may find themselves caught in a web of legal complexities that jeopardize their status in the only country they have ever known.

Public Response and Future Outlook

Public reaction to Trump’s executive order has been overwhelmingly negative among immigrant rights advocates, who view the move as an attack on fundamental American values of inclusivity and fairness. The lawsuits filed against the order signal a strong commitment from various states and organizations to protect the rights of those affected.
As the legal proceedings advance, there is a strong expectation that the matter could ultimately reach the Supreme Court, where the justices will need to grapple with the historical and constitutional implications of Trump's order. The outcome could have lasting repercussions for immigration policy and the interpretation of citizenship rights in the United States.

Conclusion

President Trump’s executive order on birthright citizenship represents a significant shift in the interpretation of the Fourteenth Amendment, igniting a contentious legal battle that underlines the ongoing debates surrounding immigration and citizenship in America. As the nation watches closely, the unfolding legal challenges will not only determine the fate of countless children born in the U.S. but also test the resilience of constitutional guarantees that have shaped American identity for generations.

Dilip Patel of Buchanan Ingersoll & Rooney PC, a board-certified expert on immigration law, can be reached at (813) 222-1120 or email [email protected]

Tampa Bay area welcomes Attorney Khushbu Patel

Dilip Patel

KHUSHBU PATEL

We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.

Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.

She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.

We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.


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